The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-06

BILE under the provisions of this act in any district
circuit court Of the United States of competent urs
right pursue both of said remedies, and must, in
each case elect which of the methods of pro-
cedure herein provided for he they will adopt In
such action brought for the of damages
the court before which the same shall be pending may
compel any din ector, officer, receiver, trustee,
agent of the corporation company defendant in
such suit to attend appear and testify in sneh case
and compel the production of the books and pa
pers of such corporation or company party to such
suit; the claim that any such testimony or evidence
may tend to crinate the person giving such evidence
shall not excuse such witness from testfying. but
such evidence or testimony shall not be used against
such person the trial OF any criminal proceeding.
PENALTY FOR VIOLATION OF THIS ACT
Sec TO- That any carrier subject to
the provisions of this act whenever such
carrier is corporation any director officer thereof
receiver trustee lessee agent or person acting
for employed by such corporation who alone or
with any other corporation company, person.
party, shall wilifully do be DONE shall
willingly suffer permit to be done any act matter
thing in this act prohibited or declared to be
lawful who shall aid abet therein or shall will
act required to be done. shall cause willingly
suffer. permit any act matter thing directed
required by this act to be done not be done
or shall aid or abet airy such omission failure
shall be guilty of any infraction OF this act shall
aid abet therein, shall be deemed guilty of INSIDE
meanor, and shall upon conviction thereof in any dis
tric court of the United States within the urisdic
ton of which such ofense committed be subject
to fine of not to exceed S., 900 for each offense
Section IL provides for the creation of rail-
road commission, to be composed of five men
appointed by the President, by and with the
advice and consent of the Senate. The com
missioners first appointed shall continue in
office two three, four, five and six years from
the LIST of January, 1887, the President to desig-
nate the term of each, and their successors to be
appointed for terms Of six years; not more than
three of the commissioners shall be appointed
from the same political party, and the Presl-
dent may remove any commissioner for cause;
no person in the employ of or holding any Off
clal relation with any common carrier subject
to the provisions of this act, or owning stock
or bonds thereof, or who is in any manner peeu-
niarlly interested therein, shall enter upon the
duties of or hold such Office. Said commission
ers shall not engage in any other business, voca-
ton or employment No vacancy in the COM
mission shall impair the right of the remaining
commissioners to exercise all The powers of the
commission.
POWERS OF THE COMMISSION.
Sec. IL That the commission hereby created shall
have authority to inquire into the management of the
business of all carriers subject to the pro-
visions of this act and shall keep itself informed
the and method in which the is conduct
ed and shall have the right to obtain from such
carriers full and complete information necessary
to enable the commission to perform the duties and
carry out the objects for which it created and
the purposes of this act the commission shall have
power to require the attendance and testimony of
witnesses and the production of all books, papers,
tariffs contracts agreements and documents relating
to any matter under investigation and to that end
invoke the aid of any court of the United States
in requiring the attendance and testimony of wit
nesses and the production of books papers and docu
ments under the provisions of this section.
And any of the circuit courts of the United States
within the jurisdiction of which such inquiry is
red on. may In of contumacy refusal to obey
a subpoena issued to any common carrier subject to
order requiring such common carrier other person
to appear before said commission land produce books
and papers if ordered) give evidence touching
the matter in question: and any failure to obey such
order of the may be punished by such court
a contempt thereof. The claim that any such testi
mony evidence may tend to criminate the person
giving such evidence shall not such witness
from testfying; but such evidence testimony shall
not be used against such person the trial Of any
criminal proceeding
APPLICATION TO COMMISSION.
Sec. ID. That any person, firm, corporation or as
ISOLATION. or any mercantile agricultural, manu-
featuring society any body polite municipal
organization, complaining of anything done omitted
visions Of this act in contraventief the provisions
thereof may apply to said commission by petition
which shall briefly state the facts whereupon state
ment OF the damages thus ade shall be forwarded by
the commission to such common carrier who shall be
called upon to satisfy the complaint to the
same ia wrolhg w1nn reasonable tllne 10 90 speel
| hed by the commission 1t such common carrier
within the specified time shall make reparation fol-
the injury alleged to have been done said carrier shall
be relieved of liability to the complainant only for the
| particular violation of law thus complained of. Il
such carrefsha not satisfy the complaint within thu
time specified, there shall appear to be any
be the duty of the commission to investigate the mat
ters complained of in such manner and by sucl
means as it shall deem proper.
Said commission shall in like investigate any
| complaint forwarded by the railroad commission
or railroad commission of any State or Territory a
the request of commissioner commission, ant
may institute any inquiry its own motion in tn
same manner and to the same effect as though com
plant had been made.
No complaint shall at any time be dismissed becaus
OF the absence of direct damage to the complainant
REPORTS OF INvEsTIG ATOMS
Sec. IA. That whenever an investigation shall b
made by said commission it shall be its duty to max
areport in writing in respect thereto which shall in
clude the findings OF fact upon which the conclusion
of the commission based, together with its
| mendations to what reparaton, if any, should b
made by the common carrier to any party or partie
who may be found. to have been injured; and sue
findings made shall thereafter, in all judicial pre-
ceedings be deemed prima facie evidence as to eac
| All reports of investigations made by the commits
| sion shall be entered of record, and copy thereo
shall be furnished to the party who may have CON
planned and to any common carrier that may hay
been complained Of
| NOTICE TO RAILROADS.
| Sec Is. That If in any in which an investig,
ton shall be made by said commission it shall b
made to appear to the satsfac of the commission
either by the testimony of witnesses or other ev
dence. that anything has been done, omitted to b
done in violation of the provisions of this act or
any law cognizable by said commission, b, any con
mon carrier. or enat any injury damage has bee
sustained by the party or parties complaining. or
Quiet pdrtleS dggrleHeu III consequence OF any sue
violation, it shall be the duty of the commission
forthwith copy of its report in respect theret
} to be delivered to such common carrier togetke
with notice TO said common carrier to and d
sist from such violation, to make reparation fl
the injury found to have been done, or BOTH wit
in reasonable time, to be specified by the commi
sion; and if, within the time specified, it shall
made to appear to the commission that such commo
carrier has ceased from such violation of law.
has made reparaton for the injury found to ha,
been done in compliance with the report and motto
of the commission. or to the satisfaction of the par
complaining. statement to that effect shall be
tered of record by the commission. and the said
mon carrier shall thereupon be relieved from furth
liability or penalty for such particular violation
law
!, PETITION IN UNITED STATES COURTS
!, Sec 16. That whenever any common carrier,
defined in and subject to, the provisions of this
shall violate, or refuse neglect to obey any lawf
order requirement of the commission in this a
! named, it shall be the duty of the commission, al
lawful for any COMPANY person interastad in su